Construction Claim Litigation

• Three-week 2025 federal jury trial for international oil and gas refinery contractor in United States District Court for District of Montana against top 5 global oil company on a dispute relating to a $160 million refinery turnaround mechanical construction project. Jury verdict awarded client $64 million in damages and rejected refinery owner’s consequential damages counterclaim; pending judgment for additional interest, Montana Prompt Payment Act Penalties, attorney fees and expenses.  
• Four-week 2024 federal jury trial for international highway engineering client in United States District Court for District of Colorado against design-build contractor on a dispute relating to a $500 million 13-mile highway expansion project. Jury verdict awarded client $5.25 million in damages and rejected the entirety of the defendant’s $260 million in counterclaims; judgment pending for additional interest, attorney fees, and expenses.
• Represented major general infrastructure contractor on regional highway and light rail project in state court trial; obtained judgment on fraud and veil-piercing claims against subcontractor.
• Obtained a favorable resolution for the developer of a multi-family, “high rise” construction project in the prosecution of error and omission claims against a project architect and structural engineer.
• Obtained a favorable resolution for the developer of a multi-family, “high-rise” construction project in defense of delay claims asserted by a general contractor.
• Represented Fortune 500 Company in ICC arbitration relating to a South American mining dispute.

Complex Civil Litigation

• Represented client in landmark 2016 eminent domain case before the Colorado Supreme Court establishing that the Colorado Department of Transportation lacked condemnation authority to take client U-Haul’s property. The holding established that CDOT’s Chief Engineer acted without condemnation authority after 1994, when Colorado’s Transportation Commission unlawfully delegated its condemnation power.
• Obtained a $7.75 million Judgment and Permanent Injunction on trademark, copyright, cyber-squatting and deceptive trade practice claims for the family-owned international distributor of Salba™ registered varieties of organic chia seeds.
• Prosecution and defense of post-acquisition "earn-out" disputes in federal, state and arbitration forums, including recent successful defense of international company in federal court where court rejected plaintiffs’ $34 million damages model and struck their expert witness and expert report.
• Ongoing representation of international luxury hotel and resort company in litigation, contract and advisory matters.
• Represented a number of National Banking Associations and lenders in defense of federal claims and appeals.

Construction Contract Document Drafting, Negotiation and Review

• Ongoing representations of international engineering and construction, global alternative investment, healthcare, manufacturing, infrastructure, real estate investment trust (REIT) and real estate private equity, and real estate lending clients in drafting and negotiating design, construction, EPC, development and construction management agreements